Rental conditions

Rental Conditions. Payment Terms. User's Obligations. Damage and loss of documentation. Theft, accidents involving the ehicle, and/or technical issues.

1. Preliminary Provisions

These General Terms and Conditions (referred to as „GTC”) specify the general terms and conditions for the rental of vehicles by YOUR RENT Limited Liability Company with  registered office in CHORZÓW (41-503), ul. ARMII KRAJOWEJ 5A, NIP: 627-277-84-32. REGON: 522282922, registered in the National Court Register (KRS) by the District Court for the City of KATOWICE under the number 0000976779, with a share capital of 100,000.00 Polish zlotys (PLN), hereinafter referred to as the „Lessor”.

For the purposes of these General Terms and Conditions (GTC), the following definitions shall have the following meanings:

• „Lessor” refers to YOUR RENT Spółka z ograniczoną odpowiedzialnością with its registered office in CHORZÓW (41-503), ul. ARMII KRAJOWEJ 5A, NIP: 627-277-84-32. REGON: 522282922, registered in the Register of Entrepreneurs (KRS) by the District Court for the City of KATOWICE under the number 0000976779.

• „Lessee” -refers to an individual or legal entity who rents or on behalf of whom the Vehicle is rented. This person, referred to as the „Lessee” in the rental agreement, is responsible for complying with all provisions of these General Rental Terms. In the case where the Lessee is a consumer, these terms and conditions apply while taking into account the mandatory consumer protection regulations.

• „Contract” - an individual rental contract that is signed at the Vehicle pick-up point at the beginning of the rental period and authorizes the use of the Vehicle. It specifies the pick-up and drop-off location of the Vehicle, the scope of financial responsibility, the equipment and services included in the price, as well as the method of payment for the rental. The agreement also includes information about the mileage, fuel level, damages, and possible defects of the rented Vehicle, as well as other rights and obligations of both parties, which are fully accepted by both parties by signing this agreement. The Vehicle rental protocol, published at the time of the General Rental Conditions, is considered a part of the rental agreement.

• „Driver” - the individual mentioned in the rental agreement as the „user” who signs the rental agreement and takes possession of the Vehicle, and is also responsible for the provisions of the rental agreement mentioned below.

• „User” - the Lessee, Driver, and additional driver referred to in the further provisions of the General Terms and Conditions of the Vehicle rental agreement as the User.

• „Vehicle” is the subject of the agreement and the information about it are placed in the agreement.

2. Rental Conditions

By signing the agreement, the user acknowledges the receipt of the Vehicle in the proper condition for the service covered by the agreement, including all associated equipment and accompanying documentation. By signing the agreement, the User guarantees the Lessor that they have fulfilled all requirements specified in the general terms and conditions and possess all necessary documents to operate the Vehicle in accordance with the laws of the Republic of Poland. The user is obligated to present the original copies of these documents to the Lessor for inspection. The required documents include a valid driving license (held for a minimum of one year), personal ID card or passport, and a credit card issued in the Driver's name. The user is responsible for any traffic violations committed during the rental period and after its termination.

3. Payment Terms

A pre-authorization (blocking of funds) will be placed on the User's credit card to cover any potential Vehicle damages or other incidents for which the User is responsible. The User should have sufficient funds available on the credit card for the pre-authorization amount determined by the Lessor, according to the current rental conditions, Vehicle class, insurance, and other factors. By signing the rental agreement, the User authorizes the Lessor to charge in advance the appropriate amount for the rental per day according to the agreed-upon tariff in the agreement, including any additional items (purchased insurance coverage, extra equipment, and services), as well as any other possible costs incurred, according to the prevailing price list. These charges will be made on the credit card that was pre-authorized or any other mutually agreed-upon form of payment. By providing the credit card for the rental agreement, the User gives consent to debit their credit card for additional costs resulting from rental extensions and any additional costs incurred after dropping off the Vehicle to the Lessor (such as repair costs for damages, missing fuel, fines). If the User makes a direct payment to the Lessor's account, they are obliged to do so within the specified timeframe. The funds must be credited to the Lessor's account before Vehicle pick-up. In case of any delay, the User is liable to pay interest to the Lessor and potentially other costs incurred.

4. User's Obligations

By signing the Agreement, the User declares that they are aware of all the provisions of the Agreement specified below and that they accept them:

1. The Vehicle should be returned to the agreed location within the agreed time specified in the rental agreement, in the same condition as it was received, including any additional equipment (such as a child seat and/or navigation system), with the same fuel level as at the time of pick-up, and with the parking entry ticket. Otherwise, additional costs may be incurred. The rental agreement is concluded after the Vehicle has been inspected by a employee, and the date and time of inspection are recorded on the Vehicle drop-off protocol. If the Renter is not present during the Vehicle inspection upon drop-off, the Lessor has the right to unilaterally prepare a drop-off protocol with consequences for the Renter. The Vehicle is rented in 24-hour periods. A delay of up to 30 minutes in dropping off the Vehicle does not incur additional fees. Requests for extending the agreed rental period or other changes to the rental should be addressed directly to the Lessor, to the branch from which the Vehicle was rented, by telephone or email before the rental period expires. Should you fail to return the Vehicle (subject of the rental) within the specified time in the agreement, the Lessor will report the act of misappropriation (unauthorized use) to the Police,

2. The Vehicle shall not be overloaded or used for the purpose of training new drivers, transporting or towing other vehicles or tractors, carrying passengers for commercial purposes, participating in races, rallies, endurance tests, or engaging in unlawful activities;

3. The Vehicle will be used exclusively by the Driver or an additional driver specified in the Contract, solely for personal use, in accordance with the intended use of the Vehicle, and the Vehicle will not be made available to unauthorized Users or third parties;

4. When leaving the Vehicle, the User shall properly close all windows and lock the Vehicle, taking the keys (or any other type of remote control) and documents with them;

5. The User will exclusively use public roads, refrain from driving under the influence of alcohol, drugs, or other illegal substances, and comply with traffic regulations;

6. The User will ensure regular technical maintenance of the Vehicle, which includes regularly checking the coolant level, oil level, other fluids, tire pressure, etc.;

7. If at any time the dashboard warning light signals the need for repairs (or topping up of fluids) or if the User themselves determines that the Vehicle needs servicing, they will immediately notify the rental company and make the Vehicle available (after agreeing with the rental company on the location and timing) for this purpose. In the event of damage to the Vehicle resulting from non-compliance with these conditions, the User is obliged to compensate for any such damage as well as potential loss of earnings resulting from the rental company's inability to perform essential tasks and sustain due to the user's negligence.

8. The Vehicle will not be used to transport more passengers or goods than the maximum allowable number specified in the Vehicle's specifications, and no modifications will be made to the Vehicle;

9. The Vehicle will not be used outside the territory of Poland unless it is notified and agreed upon with the Lessor in advance. The Vehicle may only be driven within the territory of European Union countries, with the Lessor's permission and subject to the applicable fees according to the current price list. Failure to comply with the cross-border and territorial usage restrictions of the Vehicle will result in the termination of any insurance coverage packages held by the user, as mentioned in paragraph 8 of these terms.

10. The User will cover all (but not limited to) costs related to the use of the Vehicle, such as fuel, toll fees, bridge tolls, parking fees, as well as fines and other charges;

11. Under this agreement, the User authorizes the Lessor to charge them for any traffic violations, parking fees, fines, and administrative charges without prior notice, if they result from a violation of the laws of the Republic of Poland or any other country and were committed during the rental period. The costs will be increased by an administrative fee and charged to the credit card provided on the first page of this rental agreement.

12. The User, a legal person, after a prior notification and obtaining the consent of the Lessor, can allow the use of a rented Vehicle by an employee who meets specific requirements and is thus obliged to familiarize the Driver with terms and conditions of the agreement, which in no way diminishes the liability of a legal person to comply with these terms.

5. Vehicle Damage and/or Loss of Documentation

In the event of any damage to the Vehicle (including theft), loss of equipment or tools, loss of documents, license plates, or Vehicle keys, the User is responsible for reimbursing the costs. The User of the Vehicle is liable for any damages to the engine, mechanical parts of the Vehicle (e.g., due to lack of oil, coolant, or other fluids in the engine), as well as damage to the oil pan, clutch (commonly known as a burnt clutch), Vehicle undercarriage, loss/damage of documents or Vehicle keys, loss/damage of license plates, interior damage of the Vehicle, burned seats, incorrect fueling, or any other damages resulting from the negligence of the user or additional driver of the Vehicle (such as reckless driving or off-road driving). In such cases, the user of the Vehicle shall reimburse the Lessor for the repair costs of the Vehicle, plus the amount equivalent to the lost daily rental, as stated in this rental agreement, for the repair period but not exceeding 30 days, and for other damages such as towing costs or loss of Vehicle value. The User agrees to use the Vehicle in accordance with the manufacturer's instructions, including the use of appropriate fuel (diesel or unleaded gasoline) as specified by the manufacturer. Any damages resulting from failure to comply with these instructions will not be covered by insurance and will remain the responsibility of the User of the Vehicle.

6. Theft, accidents involving the Vehicle, and/or malfunctions.

In the event of an accident, Vehicle damage, theft, engine failure, or similar circumstances, the User is obligated to:

1. ensure the avoidance of any further damage to the rented Vehicle until it is taken over by the Lessor;

2. record the names, surnames, telephone numbers, and addresses of witnesses and individuals involved in the incident;

3. summon the police to the scene and preparing an incident report, excluding engine failures;

4. inform the nearest rental office about the incident.

The User of the Vehicle is obligated to report any Vehicle damage to the police. In the event that the User fails to provide a police report or submit a statement, all costs related to the damage or loss of the Vehicle will be fully covered by the User, including any lost benefits equivalent to the daily rental rate for the period of repair, for a maximum period of 30 days, regardless of the User's fault or whether the User accepted and paid for additional liability-limiting or waiver packages.

7. Reimbursable Costs to the User

The Lessor will reimburse the User for all costs incurred for oil, lubricants, regular servicing, and minor repairs that occurred during the rental period, excluding the cost of Vehicle cleaning, upon presentation of all duly settled invoices. The invoice must be issued to the Lessor, YOUR RENT Limited Liability Company  with its registered office in CHORZÓW (41-503), ul. ARMII KRAJOWEJ 5A, NIP: 627-277-84-32. REGON: 522282922, registered in the National Court Register (KRS) by the District Court for the City of KATOWICE under the number 0000976779.

To obtain reimbursement for the aforementioned costs, the User must obtain written consent from an authorized representative of the Lessor; otherwise, the reimbursement will not be possible.

8. Excess in Case of Damage

The risk and the amount of contribution can be reduced by accepting an appropriate own contribution reduction package. Limited Liability for Damage or Theft (CDW/TP): By accepting this insurance coverage, you can limit or completely waive (subject to rental conditions) your liability for damage or theft. By purchasing the Medium Protect Package, the User can limit their liability for Vehicle damage by accepting and paying for this additional excess protection. The Medium Protect Package does not cover interior damage to the Vehicle unless the interior is damaged as a result of an accident. By purchasing the Total Protect Package, the User can fully limit their liability for Vehicle damage by accepting and paying for this additional excess protection (subject to meeting all conditions). The Total Protect Package does not cover interior damage to the Vehicle unless the interior is damaged as a result of an accident. By signing the rental agreement, the User authorizes the Lessor to charge their credit card for all rental costs, breakdowns, or losses up to the excess amount specified in the rental agreement or the full amount of the damage if the User has not complied with these conditions, including those discovered after returning the Vehicle and not notified to the Lessor according to the drop-off procedure. The insurance does not cover damages caused in high-risk areas or war zones, or if the rented Vehicle is used outside the borders of the Republic of Poland without permission and the required fee.

9. Collection and Processing of Personal Data

1. The User voluntarily provides personal data. The User's personal data is required in the process of executing the rental agreement. The Lessor uses and processes personal data in accordance with applicable regulations regarding the protection of personal data.

2. The Lessor undertakes to process personal data in accordance with applicable laws and the agreement. When processing personal data, the Lessor commits to comply with the provisions of personal data protection regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

3. The data controller is YOUR RENT Limited Liability Company, registered in Chorzów (41-503), ul. Armii Krajowej 5A, NIP: 627-277-84-32 REGON: 522282922, entered in the National Court Register (KRS) by the District Court for the City of Katowice, VIII Economic Division, under the number 0000976779, with a share capital of 100,000 Polish złoty.

4. The provided personal data will be processed for the purpose of taking pre-contractual actions and for the performance of the Contract, based on Article 6(1)(b) of the GDPR; based on consent (solely for the purpose indicated in the given consent) - based on Article 6(1)(a) of the GDPR; for purposes arising from the legitimate interests pursued by the data controller or by a third party (e.g., for claims settlement, direct marketing) - based on Article 6(1)(f) of the GDPR.

5. Personal data will be stored for the duration of the Contract and after its termination to fulfill the legal obligation incumbent on the Lessor as the data controller (for the period required and mandated by applicable laws), and in the case of legally justified interests pursued by the data controller or by a third party (including direct marketing), until the consent is withdrawn or an objection is raised.

6. Due to the nature of the agreement, the recipients of personal data may be the Rental Company's partners (insurance company, Lessor, bank, service providers working on behalf of the Rental Company), and in case of legitimate interests pursued by the Rental Company, other cooperating entities (law firm, marketing agency, etc.).

7. The Lessor has the right to access their personal data, as well as the right to rectify, erase, restrict processing, and the right to data portability. They also have the right to withdraw consent at any time (without affecting the lawfulness of processing based on consent before its withdrawal) and the right to object (when personal data is processed for the purposes of legitimate interests pursued by the rental company). The tenant has the right to lodge a complaint with the supervisory authority, the President of the Personal Data Protection Office, if they believe that the processing of their personal data violates the RODO provisions. The tenant's personal data may be processed in an automated manner, including profiling (profiling will be carried out for the purpose of offering the tenant goods and/or services that best match their needs and expectations).

10. Other Provisions

The Lessor is not liable for any damages incurred by the User due to delayed delivery of the Vehicle or damages that the User may have suffered as a result of the Vehicle's malfunction during the rental period. The Lessor has the right to terminate the rental agreement and immediately take possession of the Vehicle if the User fails to comply with the provisions of these terms or the rental agreement, or if the Vehicle is damaged. Termination of the rental service under these provisions does not affect the remaining rights of the Lessor as defined in these terms and the rental agreement. This agreement has been drawn up in two identical copies, one of which has been given to the User, and the other retained by the Lessor. By signing on the last page of this agreement, the User accepts this agreement and all its provisions, and with the acceptance of insurance coverage for damages specified in paragraph 8, acknowledges the insurance terms and conditions with which they have been acquainted. Changes to this agreement can only be made in writing. Oral agreements are considered invalid. In the event of a dispute arising from this Agreement, both parties agree to submit the matter to the court of general jurisdiction in accordance with Polish law.